ALJDEC - Licensing
2025A-09577-CHC-ROC · Registrar of Contractors · 2026-05-08
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Brandon Pawlak
COMPLAINANT,
v.
EMB Construction, LLC,
License No. ROC 354341
and ROC 346161,
RESPONDENT.
No. 2025A-09577-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: April 21, 2026.
APPEARANCES: Brandon Pawlak appeared on behalf of himself. No one appeared on behalf of EMB Construction, LLC.
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
EXHIBITS ADMITTED INTO EVIDENCE: Exhibit 1: the hearing packet submitted by the Arizona Registrar of Constrictors.
_____________________________________________________________________
FINDINGS OF FACT
On March 2, 2026, the Arizona Registrar of Contractors (Registrar)
mailed a Notice of Hearing to Brandon Pawlak (Mr. Pawlak or Complainant) and EMB Construction, LLC (EMB or Respondent) at their addresses of record, setting the above-matter for hearing on April 14, 2026 at 9:00 AM. The Notice of Hearing provided, in relevant part, as follows:
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You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be prepared to present evidence, including witness testimony and documents, in support of your case.
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The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(1) Charge: 2 A.R.S. § 32-1154(A)(3) - R4-9-108(B) Charge:3 A.R.S. § 32-1154(A)(22)
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Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, EMB is a party to this case and will be a party to the hearing.
Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing. Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge.
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EMB Construction, LLC (EMB) holds license numbers 354341 and 346161
issued by the Arizona Registrar of Contractors (Registrar).
On or about Apri 21, 2024, Mr. Pawlak and EMB entered into a pool
installation contract for the amount of $53,000.00. See Exhibit 1 at 10.
Mr. Pawlak paid EMB $43,498.00 pursuant to the contract.
On or about June 17, 2024, EMB started work.
On or about February 3, 2025, EMB stopped work.
On or about September 19, 2025, Mr. Pawlak filed a complaint with the
Registrar alleging abandonment on the part of EMB.
On November 19, 2025, Lisa Melton, an investigator for the registrar
(Investigator Melton), conducted a job-site inspection. See Exhibit 1 at 55.
On January 7, 2026, the Registrar issued a Written Directive to EMB that
provided, in relevant part, as follows:
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After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on January 26, 2026 at 5:00 pm.
RESTRICTIONS
You may not perform or hire other contractors to perform work that is outside the scope of your license.
If your license is currently suspended for administrative reasons, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS
You are directed to remedy the following violations by the appropriate means:
Complaint Item: - I have called and given contractor a plethora of opportunities to come on site and meet me to look over and correct and finish the project. Jorge has not been to the property personally since 5/02/25, and no noticeable work has been performed since February of this year.
Investigator’s Observation: EMB did not appear for this inspection. EMB has not completed the work that that they bid/contracted to perform and has provided no legal excuse for the abandonment. On February 14, 2025 the city building official failed the work of the EMB. EMB has not complied with the requirements of the building department and the failed inspection (2/14/25), which was performed pre-plaster, remains failed. Plaster install has not and cannot commence until EMB passes inspection. Final inspection cannot occur until all prior, required inspections have passed. EMB should complete their scope of work by appropriate methods and in accordance with estimate/contract, executed change orders, specifications, drawings, building code/requirements of the local building authority (permit/inspection), manufacturer recommendations, industry and workmanship standards. EMB should provide this Investigator with
documentation of passed final permit for the work they have performed.
Governing Rule:
A.R.S. §32-1154 (A) (1), Abandonment of a contract or refusal to perform after
submitting a bid on work without legal excuse for the abandonment or refusal.
ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely
A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any
applicable building codes and professional industry standards.
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Emphasis in original.
[See Exhibit 1 at 75-76.]
EMB failed to make any corrections listed in Directive.
On January 30, 2026, the Registrar issued a Citation against EMB’s
Licenses, alleging that EMB has violated Ariz. Rev. Stat. §§ 32-1154(A)(1), (3), and (22), and Ariz. Admin. Code. R4-9-108(B).
EMB filed a timely answer to the Citation.
The matter was referred to the Office of Administrative Hearings (OAH) for
an evidentiary hearing.
A hearing was held on April 21, 2026.
At hearing, Mr. Pawlak testified on behalf of himself. Investigator Melton
testified regarding her investigation of the complaint.
Investigator testified consistently with her job-site inspection notes and the
Written Directive at the hearing.
Mr. Pawlak agreed with Investigator Melton’s findings and stated that EMB
failed to complete the project.
No one appeared on behalf of EMB at the hearing on April 21, 2026.
Although the hearing did not start until approximately 9:15 a.m., no one appeared on behalf of EMB through an authorized member, officer, employee, or attorney, or contact the OAH to request that the start of the hearing be further delayed. Consequently, EMB did not present any evidence to defend its license.
18. Administrative notice is taken of the record for license number 354341 held by EMB, as reflected on the Registrar’s public website on May 8, 2026. Such prior License record reflects that license number 354341 held by EMB is currently suspended. Such prior License record also shows that there is only one open complaint against EMB’s license.
19. Administrative notice is taken of the record for license number 346161 held by EMB, as reflected on the Registrar’s public website on May 8, 2026. Such prior License record reflects that license number 346161 held by EMB is currently suspended. Such prior License record also shows that there are two open complaints against EMB’s license.
Such prior License Record further shows that two complaints have resulted in discipline of EMB’s license.
CONCLUSIONS OF LAW
This matter lies within the Registrar’s jurisdiction. See Ariz. Rev. Stat. sections 32-1101 et seq.
Mr. Pawlak bears the burden of proof to establish EMB’s statutory violation by a preponderance of the evidence. See Ariz. Rev. Stat. section 41-1092.07(G)(2); A.A.C. R2-19-119(A) and A.A.C. R2-19-119(B)(1); see also Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952). “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.” Morris K. Udall, Arizona Law of Evidence § 5 (1960).
The suspended status of EMB’s license does not deprive Mr. Pawlak of his right to prosecute the Complaint or prevent the Registrar from determining the merits of Mr. Pawlak’s complaint. This matter lies within the Registrar’s jurisdiction.
The Administrative Law Judge may consider the Registrar’s administrative
record. See A.A.C. R4-9-118.
4. The preponderance of the evidence shows that EMB abandoned the
project, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(1).
5. The preponderance of the evidence shows that EMB failed to perform
work in accordance with applicable building codes and professional industry standards, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(3), namely Ariz. Admin. Code R4-9-108(B).
6. The preponderance of the evidence shows that EMB failed to
correct the item listed in the Registrar’s Directive without valid justification, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(22).
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar shall suspend License No. 354341 issued to EMB Construction, LLC for ten days. It is further recommended that the Registrar shall suspend License No. 346161 issued to EMB Construction, LLC for ten days . It is further recommended that the Registrar require EMB to pay the sum of $500.00 as a civil penalty pursuant to Ariz. Rev. Stat. section 32-1154(E).
It is further recommended that if EMB fails to pay the entire amount of the civil penalty on or before thirty days following the effective date of the Registrar’s final order, the Registrar revoke EMB’s license, effective on such deadline date. No future license shall be issued to any entity consisting of persons associated with EMB, as defined in Ariz. Rev. Stat. section 32-1101(A)(7), unless EMB tenders payment of any outstanding prior civil penalty.
Pursuant to A.R.S. § 41-1092.08(I), the licensee may accept the Administrative Law Judge Decision by advising the Office of Administrative Hearings in writing not more than ten (10) days after receiving the decision. If the licensee accepts the Administrative Law Judge Decision, the decision shall be certified as the final decision by the Office of Administrative Hearings.
In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be forty (40) days from the date of that certification.
Done this day, May 8, 2026.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
Brandon Pawlak
[email redacted]
EMB Construction, LLC
[email redacted]
By: OAH Staff